Unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to the general offense-level statute (Ind. Code § 16-42-19-27).
Criminal
McCoy v. Louisiana, No.16-8255, __US__ (May 14, 2018).
The Sixth Amendment guarantees a defendant the right to choose the objective of his defense and to insist that his counsel refrain from admitting guilt, even when counsel’s experienced-based view is that confessing guilt offers the defendant the best chance to avoid the death penalty.
Hunter v. State, No. 43A03-1711-CR-2633, __ N.E.3d __ (Ind. Ct. App., May 16, 2018).
When defendant violates a condition of bail, the court may revoke bail, but may not impose a punitive contempt sanction unless defendant’s conduct affects the dignity or operation of the court.
Leatherman v. State, No. 47A04-1711-CR-2711, __ N.E.3d __ (Ind. Ct. App., May 9, 2018).
An individual participating in a needle exchange program may be found guilty of possession of paraphernalia if he intended to use syringes for unlawful ends; however, to sustain a conviction for maintaining a common nuisance for the unlawful delivery of a controlled substance from a vehicle, the State must show that it has been used on more than one occasion for that purpose.
McGrath v. State, No. 49S04-1710-CR-653, __ N.E.3d __ (Ind., May 1, 2018).
Investigation into and observations of the home were “sufficiently indicative of a marijuana grow” when viewed together and in light of the officer’s training. The issuance of a second warrant was proper under the collective knowledge doctrine, which presumes the officer’s credibility so no special showing of reliability was required.